Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,864 Articles

Not Mere “Process Crimes,” False Statements Prosecutions Are Serious
In case you haven’t noticed, Special Counsel Robert Mueller takes lying very seriously. And, as we witnessed during Michael Flynn’s dramatic sentencing hearing, apparently…

Protesters in Hungary Call Out Labor Rights – and Rule of Law
“All I want for Xmas is demokracia [democracy],” says one protest sign seen in Budapest, Hungary, over the past several days, as up to 15,000 people took to the streets. They…

Analysis of the Michael Flynn Sentencing Hearing Drama
On Tuesday, former national security advisor Michael Flynn appeared before Judge Emmett Sullivan for sentencing in the Russia investigation. Entering the hearing, Flynn walked…
Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .

Dueling Decisions at the Khmer Rouge Trials Could Mean a Suspect Avoids Justice
Hot-on-the-heels of a landmark trial judgment in Case 2/2, the Extraordinary Chambers in the Courts of Cambodia (ECCC) (also known as the Khmer Rouge Trials) in recent days issued…

The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights
The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…

Amid US Attacks, Time to Reinvigorate the ICC
At a time when “multilateralism” is a bad word, perhaps no institution is more scorned than the International Criminal Court (ICC), whose global ambitions, legal justifications…

All Evidence Points to Campaign Finance Crimes By President Trump
"The fact that we have in these documents ... all strongly suggest that Trump knew what the law forbade and violated it notwithstanding this knowledge. In other words, the DOJ…

Did Trump Organization Executives Cook the Books?–Tax Crimes Explained under Federal and State Law
Cohen sentencing points to likely falsification of corporate accounting and tax fraud. So which Trump Executives are liable?

10 Ways the U.S. Can Curb Interpol Abuses
Interpol serves a good purpose, and it has good rules. But not all members are as good as its rules. The U.S. can take steps, on its own or with others, to limit abuses and shield…

The Huawei Arrest: How It Likely Happened and What Comes Next
The arrest and possible extradition of an executive of Chinese tech giant Huawei raises important questions about foreign policy cases and Justice Department autonomy.

Mueller’s Roadmap: Major Takeaways from Cohen and Manafort Filings
Reading between the lines in Special Counsel and SDNY filings--some things much worse for Trump and his associates and some better than you may have thought.